NARAYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the accused-appellant as well as learned Public Prosecutor for the Union of India in the present application filed under Section 389 Criminal Procedure Code for suspension of sentence and gone through the judgment dated 22.9.2012 passed by learned Special Judge, C.B.I. Cases, Jodhpur in Criminal Case No. 2/2008 whereby the accused-appellant Narayan Singh S/o Nakshatra Singh Jat Sikh has been convicted for offences under Sections 409, 477A Indian Penal Code as also under Section 13(l)(c) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to one year's rigorous imprisonment with fine of Rs. 1000/-, in default of payment whereof to undergo two moths simple imprisonment, for each of the offence. All substantive sentences were ordered to run concurrently.

(2.) Learned counsel for the accused-appellant vehemently submitted that this false case has been lodged against the accused-appellant and the learned Court below committed grave illegality in passing the impugned judgment. This appeal is based upon concrete facts and grounds and there is every likelihood of this appeal being allowed. The sentences awarded by the learned trial Court has already been put in abeyance for a period of 30 days by learned trial Court itself. The decision of this appeal will take time. The accused-appellant is ready to furnish bail bonds as per directions of this Court.

(3.) Per contra, learned Public Prosecutor supported the judgment of conviction and sentence and opposed the prayer of the accused-appellant for suspension of the sentence.